If your plan was to serve a Section 21 notice, get your tenant out, and sell your EPC D or E property before the 2030 compliance deadline, that plan no longer works. From 1 May 2026, Section 21 is abolished. The route you were relying on as your exit strategy has changed — and for many landlords with non-compliant properties, that creates an urgent decision that needs to be made now, not next year.
This article explains what's changed, what your options actually are, and how to run the numbers to figure out the right path for your property.
What Section 21 Abolition Means for Landlords (1 May 2026)
The Renters' Rights Act abolishes Section 21 "no-fault" evictions on 1 May 2026. From that date, you can no longer serve a notice to quit without giving a legal reason. Every tenancy also converts to a periodic rolling tenancy — fixed-term contracts continue to the end of the term, but after that, tenants have full ongoing protections.
Here are the key dates you need:
| Date | What Happens | |------|-------------| | 1 May 2026 | Section 21 abolished. No new S21 notices valid from this date. | | 31 July 2026 | Any S21 notices served before 1 May 2026 but without active court proceedings become invalid. | | After 1 May 2026 | All possession claims must use Section 8 grounds. | | 1 October 2028 | EPC C required for all new tenancies (once regulations are confirmed). | | 1 October 2030 | EPC C required for all existing tenancies. |
The window is closing fast. If you've already served a Section 21 and proceedings are underway, you have until 31 July 2026 to resolve it. If you haven't served yet, that route is gone.
The Old Exit Strategy Is Gone — Your Options Now
The classic landlord exit play for a non-compliant property looked like this: serve S21, wait two months, get possession, sell vacant, sidestep the 2030 upgrade cost. Simple, cheap, clean.
From May, that calculation changes. Here's how the two routes compare:
| | Old way — Section 21 (pre 1 May 2026) | New way — Ground 1A / Section 8 (post 1 May 2026) | |---|---|---| | Notice period | 2 months | 4 months | | Court proceedings | Usually not required | Yes, if tenant disputes | | Tenant can challenge | Rarely (admin-based only) | Yes, on multiple grounds | | Mandatory if criteria met | Yes | Yes — but criteria must be proven | | Realistic total timeline | 3–5 months | 5–9 months (or longer if disputed) | | Typical cost | Lower | £355+ to issue proceedings; can rise quickly if contested |
You still can get possession and sell. But it takes longer and costs more than it used to. The question is whether the legal route is worth it compared to the alternatives.
Option 1: Upgrade to EPC C and Keep Letting
For many landlords — especially those with EPC D properties — the maths increasingly favours upgrading. A band D to band C improvement often costs between £1,000 and £5,000, depending on the property type. Once you're compliant, you're protected through 2030, your buy-to-let mortgage options improve, and you can continue letting without legal process or void periods.
If you go down this road, you should also check whether you can access grant funding while it's still available — see the grants section below.
→ See our D to C upgrade costs guide for a full breakdown of what's typically needed by property type.
Option 2: Sell With Tenant in Situ (No Eviction Needed)
Here's something many landlords overlook: you don't need to evict to sell. You can sell your property with the tenant in occupation. The sale proceeds are typically 15–20% below vacant possession value, and your buyer pool is mostly investors rather than owner-occupiers. But there are no legal costs, no void period, and no notice to serve.
The important point for EPC purposes: you don't need EPC C to complete a sale. An EPC is required for marketing, but there's no minimum band required for a transaction to proceed. The buyer purchases knowing the current rating and inherits the 2030 compliance obligation.
This route works best if you want a clean exit quickly and can accept a lower sale price.
Option 3: Use Ground 1A to Regain Vacant Possession and Sell
Ground 1A is the formal replacement for the S21 selling route under the new framework. You must genuinely intend to sell the property. The court is required to grant possession if you meet the criteria — it's a mandatory ground, not discretionary. But you need to serve the right notice, wait four months, and be prepared for court proceedings if the tenant doesn't vacate voluntarily.
Read on for the step-by-step process.
How Long Does Ground 1A Actually Take?
This is where many landlords get an unpleasant surprise. The minimum notice period under Ground 1A is four months — double the old Section 21 requirement. From the date you serve the notice, the realistic timeline looks like this:
- Months 1–4: Notice period runs. Tenant can remain.
- Month 4+: If tenant vacates, you can proceed to market and sell.
- If tenant disputes: Court application required. Current tribunal timescales in England are typically 2–4 months for a hearing once listed, but can extend.
- Enforcement: If court grants possession and tenant still doesn't leave, bailiff instruction adds further weeks.
Total realistic timeline for a contested Ground 1A: 6–12 months. Even uncontested, you're looking at 5–6 months minimum. Compare that to the old Section 21 route, which a well-prepared landlord could complete in 3–4 months.
If you're planning to be out before the October 2028 new-tenancy deadline, you'd ideally be starting Ground 1A proceedings by the end of 2027 at the latest — earlier if you're concerned about any dispute.
The Upgrade-vs-Exit Maths
Here's the calculation that most landlords in this position need to run. Before assuming the legal exit route is the right call, compare it honestly against upgrade costs.
| Scenario | Typical Upgrade Cost | Typical Legal/Void Cost (Ground 1A) | |---|---|---| | EPC D → C | £1,000–£5,000 | £3,000–£8,000 (notice period void, court fees, agent) | | EPC E → C | £4,000–£10,000 | £3,000–£8,000 | | EPC F/G → C | £8,000–£20,000+ | £3,000–£8,000 |
For EPC D landlords, the maths often favours upgrading. The legal route — four months of lost rent, plus court fees if disputed, plus letting agent re-marketing costs — frequently costs more than the upgrade itself. And if you upgrade, you avoid all of that, keep the rental income flowing, and have a compliant property you can either continue to let or sell at full vacant possession value when the time is right.
For EPC E properties, it's borderline. You'll need to run your own numbers.
For EPC F/G properties, upgrade costs are higher — but you also face current enforcement risk right now. Properties below EPC E cannot legally be let at all under existing MEES rules, with fines up to £5,000. If you're letting an F or G property, you're already in breach. That changes the urgency calculation significantly.
→ See our full sell or upgrade decision guide for a framework that walks through this decision systematically.
→ Check EPC non-compliance penalties to understand the enforcement risk you're carrying right now.
The Grant Angle — Act Before December 2026
If upgrading is the right answer for your property, there's a time-sensitive reason to move quickly: ECO4 ends in December 2026. This government-funded scheme covers insulation, heating, and related measures for eligible properties and landlords. Once it closes, the next round (Warm Homes Plan) is still being confirmed, and there's no guarantee of equivalent availability.
Other funding currently available:
- Boiler Upgrade Scheme (BUS): Up to £7,500 towards a heat pump
- Warm Homes Local Grant: Targeted at low-income households in eligible local authority areas
- ECO4 Flex: Some landlords with eligible tenants can access funding even if they wouldn't qualify directly
The overlap of S21 abolition anxiety and ECO4 closing is creating a window where acting now makes financial sense in a way it won't in 12 months' time.
→ Read our full guide on ECO4 ending December 2026 for eligibility and timing.
Who Is Most at Risk?
Not all landlords are equally affected by this change. The highest-risk groups are:
EPC F/G landlords: You're already non-compliant with current rules (MEES requires minimum EPC E). You cannot legally let these properties regardless of Section 21 status. This is an active enforcement risk, not a 2030 problem.
Landlords with fixed-term tenancies expiring soon: Under the new Act, once a fixed term ends, you cannot renew it — the tenancy rolls to periodic. Your window to act under existing arrangements is closing.
Portfolio landlords with multiple non-compliant properties: Ground 1A cannot be served until the tenancy has been running for at least 12 months — the notice must not expire within the first year of the tenancy. For newer tenancies, this adds even more time to the exit timeline. You can't batch-process a portfolio through eviction. Plan carefully.
Landlords who assumed S21 was their 2030 safety valve: If your plan was always "I'll sell before 2030 if I can't face the upgrade costs," you need to revisit that plan now. The legal route still exists, but it's slower and more expensive.
Ground 1A: Step-by-Step
If you've decided that selling via Ground 1A is the right route, here's how it works in practice:
-
Confirm your genuine intent to sell. This must be a real intention — not a pretext. If you relet the property within 3 months of getting possession, the tenant may be able to claim compensation.
-
Serve a valid Ground 1A notice. Use the correct prescribed form. State the ground clearly. The notice period is a minimum of 4 months. An invalid notice means the clock doesn't start.
-
Wait out the notice period. You cannot apply to the court until the notice period expires and the possession date has passed.
-
Apply to the court if the tenant doesn't vacate. File a possession claim with the county court. Current fee: £355 to issue online. The court will list a hearing.
-
Attend the hearing and demonstrate intent. Ground 1A is mandatory, but the court will want to see that your intention to sell is genuine. Having an estate agent instructed, marketing underway, or written confirmation of the sale helps.
-
Enforce if needed. If the court grants possession and the tenant still doesn't leave, you'll need a bailiff warrant (additional fee and delay).
Total cost for a straightforward, uncontested Ground 1A: approximately £500–£1,500 in fees alone, plus the opportunity cost of four months' empty property.
Frequently Asked Questions
Can I still sell my property if it has a non-compliant EPC?
Yes. There is no law preventing a sale on EPC grounds. You need a valid EPC on the property for marketing purposes, but the minimum energy efficiency requirements (MEES) apply to lettings, not sales. A buyer purchasing your property takes on the compliance obligation for any future tenancy. Savvy buyers will price in the upgrade cost — expect to negotiate.
Do I need EPC C to sell my property?
No. You need a current EPC (any band) to market the property. There is no minimum band required for a sale to proceed.
What if I've already served a Section 21 notice?
If your notice was served before 1 May 2026 and court proceedings are already active, your case can continue under the existing rules. If you served a notice before 1 May but haven't started proceedings, you have until 31 July 2026 to do so. After that date, pre-May notices without proceedings become invalid and you'll need to use Ground 1A.
My tenant has been on a rolling periodic tenancy for years — do I have more time?
Yes, in one sense. The EPC C requirement for existing tenancies doesn't apply until 2030. If you have a stable long-term tenant and no immediate plan to sell, you genuinely have time to plan an upgrade properly and access available grants. The urgency applies more to landlords who intended to use Section 21 as their exit before a compliance deadline.
What about the Renters' Rights Act action plan?
The government published updated guidance on 20 March 2026 confirming the 1 May implementation date. Our Renters' Rights Act EPC action plan covers the full set of changes and what landlords should do in the next 90 days.
What Should You Do This Week?
The honest answer depends entirely on your property's EPC band, your tenant situation, and your longer-term plans. But for most landlords reading this:
- If EPC D: Run the upgrade-vs-legal-costs calculation properly. Upgrading is often cheaper than you think.
- If EPC E or below: You have a current compliance problem on top of the S21 issue. Get advice and act quickly.
- If you've been sitting on a Section 21 plan: Reassess. The timeline has doubled. Start that process now if selling is genuinely your intention.
- If you're weighing up: Use our tools below to get real numbers for your property.
Check Your Options with Our Free Tools
Running the numbers on upgrade vs exit is the most important thing you can do right now — and it needs to be based on your actual property, not national averages.
Check what grants are available for your property →
Estimate your upgrade costs and compare to the exit route →
Both tools are free and take under two minutes. The sooner you have real figures, the easier the decision becomes.